Amid vote fraud, SC to take up plea seeking poll anew

Former army officer’s petition set for open court hearing on Feb 19

ISLAMABAD:

As the uproar from various political parties over allegations of election rigging takes over the political landscape, the Supreme Court is set to address a constitutional petition filed by a former military officer on February 19 (Monday).

In the petition, Brig (retd) Ali Khan seeks a declaration that the February 8 elections were rigged, urging for a fresh round of general elections.

He has lodged a three-page constitution petition under Article 184 (3) of the constitution, which is currently awaiting formal numbering. The Supreme Court Registrar's office, however, has raised objections regarding the petition's maintainability.

Pursuant to the Supreme Court Practice and Procedure Act of 2023, every constitutional petition undergoes review by a three-judge committee to determine the case's fixation and the composition of the bench.

Typically, a SC judge hears appeals in chambers against objections raised by the Registrar's office on the maintainability of a petition.

However, this particular case has been scheduled for an open court hearing, where the three-judge bench, led by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, will decide whether to assign a number to the petition or not.

Interestingly, the same bench declared on January 13 that PTI's intra-party elections were illegal, leading to the party losing its election symbol. Despite these setbacks and complaints of an uneven playing field, PTI managed to surprise its opponents by securing a majority of seats in the National Assembly.

Meanwhile, several PTI candidates continue to voice grievances, asserting that their election victories, initially confirmed by Form 45 issued by presiding officers, were later altered through the issuance of Form 47 by Returning Officers (ROs).

The Election Commission of Pakistan (ECP) is currently examining these cases.

It is pertinent to note that a perceived harmonious relationship prevails among state institutions, including the executive, the ECP, and the judiciary, under CJP Qazi Faez Isa.

Read PTI leaders share election ‘irregularities’ with president

These institutions also enjoy support from esteemed legal bodies like the Pakistan Bar Council and the Supreme Court Bar Association.

Against this backdrop, the scheduling of the constitutional petition holds considerable importance. The bench may scrutinise the petitioner's legal standing, questioning the locus standi.

Despite considering itself the primary victim of purported election rigging, the PTI has not sought redressal from the Supreme Court thus far

Senior lawyers opine that the judges must exercise additional caution during the hearing, as any remarks made could potentially bias the cases of PTI candidates currently under consideration in the ECP.

The ongoing discussion also revolves around the potential repercussions if the bench dismisses the petition on election rigging.

Every remark from the bench is anticipated to carry significance during the hearing. There is an expectation that the apex court will refrain from taking any action that might validate the entire election process.

According to Article 225 of the Constitution, election disputes can exclusively be addressed by tribunals. However, this process is time-consuming. Furthermore, with the current accusation of widespread rigging, the tribunals will only address individual cases.

The crucial factor determining the legacy of the current CJP, Qazi Faez Isa, lies in the conduct of free and fair elections. While he played a role in ensuring the elections, questions have arisen regarding the fairness of the process.
The superior judiciary has been on trial since the Panama case, with lingering doubts about political leaders receiving convictions during periods of strained relationships with powerful circles.

This pattern was evident in the Panama case, where the Sharif family faced legal challenges since 2017.

Leading up to the 2024 elections, Imran Khan and his party faced challenges in seeking relief from the superior courts. Now, a debate has emerged regarding whether the judiciary will provide them with relief after the announcement of election results.